STRENGTH OF SOIL MAY BE IMPROVED ON HILL TERRAINS BY PROVIDING B/ WALLS ON THE BASE LINE AND PLANTATION ON THE BATTER PROFILE
Land slides occurence in hilly area has become frequent due to slopes failure along the uphill sides of roads for which the appropriate ratio of width to height must be maintained as per the classification of soils.The high intensity rain fall is also a reason for the such incidents.It is necessary to protect the safety measures as laid by the study of impact assessment realised by the trends occuring in the upward movement of the soil along the uphill sides of the road if it is increasing frequently the breast walls should be provided on the upper side of the road to protect the base line / width of the road and the portion of the upper profile of the area from where the land slides coming down must be protected by way of the plantation on the area covered by the batter and occurence in the area interfered by the classification of soil.The said land slides are occuring from the decades in many places for which specific consideration should be made and appropriate action plan must be designed on said spots so that area covered under unsafe land slides occurence may be protected by the study of protocol mentioned in the codes of practice for specifications under future plans and escape of the road safety by land slides batter along the uphill sides of roads suggested for the improvement of slopes and strength of soils along the upper side of the road
PROCEDURE REQUIRED BY THE SYSTEM FOR SERVICE UNDER LAW CODE MANUAL MUST BE FOLLOWED BY THE POLITICAL PARTIES INSTEAD OF DECIDING THE MATTERS ARBITRARILY
The decisions of the political parties taken by the Cabinet or by the declaration of any other leader on behalf of state government could not be considered as the constitutional approval issued under law code manual of the protocol mentioned in the inventory of state infrastructures for which survey of the department concerned is necessary and yardstick as well as the parameters issued by the code and required procedure for approval must be brought to the notice of the common man demanding free and fair justice from the system of governance for which the elected representatives as well as the government's could be held responsible if ignoring the system of service and administrative reforms declared essential by the study of protocol mentioned in the provisos to maintained by the good governance and accountability. As such such codal formalities are required to be maintained and protected under the provision of approval by Vidhan sabha and the various groups and organisations of the Vidhan sabha Committees representing the entire state as well as the all parties even though the representation of the common man as well as the social workers and public Organisations are also required to be verified by the said Committees working on behalf of the popular governments as representing the entire state and parties and not only working for the one political party .Under these circumstances the matter would be brought to the notice of the His highness the Governor of state and the President of India more over the Chief Secretary of the state governments are too responsible to follow law code manual and decide impartially for which a Secretary level Committee may also be constituted by the State Chief Secretary to follow every law code manual of the prefix adopted by the study of protocol mentioned in the process of getting the things done after every consideration of the merits and demerits of the cases processed without considering the comments and suggestions of the entire state as well as the political parties and the Committees under observation of the required investigation and adjudication with the power factor given to their chairman by the constitution of India
POLITICAL PARTIES ARE RESPONSIBLE TO FOLLOW TRANSPANCY AND ACCOUNTABILITY IN IMPLEMENTATION OF THE ADMINISTRATIVE REFORMS AND TAKE TIMELY ACTION
The popular governments are working on the basis of area, castism , religion and the associates working for their servival during the votes which has become the routine practice of the state governments by way and virtue of which the Government of India has introduced the RTI act publications to Citizens of country so that they may ask and Enquire into the problems related to the common man demanding free and fair justice from the system of governance as well as developmental activities related to the Society and circle however it is regretted to point that the RTI activities highlighted by the study of protocol mentioned in the Administrative reforms and transpancy as well as accountability under law code manual of charter of public accountability are kept pending at every level of the demand under public utilities even though the RTI act publications and adjudication is pertinent to the time bound programming and schedule of events as necessary under the law code manual to Complaint before the FAA and SIC or CIC under section 18 of the RTI act publications but such Complaints are too lying pending before the FAA and SIC or CIC is a matter of fact and concern to be noticed by who and when as such the department of Administrative reforms and DOPT has also stated to follow the Public authoritiy instead of writing to the Administrative reforms for redressal of grievances .Where in the SIC while contacted and asked in person on 20-7-2021 has stated that one post of the SIC is vacant in the Commission since July 2020 and it is difficult to pull on the work load till further arrangements by the government for which the matter has too been brought to the notice of the honorable Chief Minister, chief Secretary of the state government as well as the Secretary AR to do the needful on 20-7- 2021 so that common man of the society and circle may also get his problems resolved through the RTI act publications as political parties are reluctant to follow Constitution of India and ignoring the transpancy and accountability act
ROAD SIDE PLANTATION MAY HELP IN RESCUE OPERATION AS LAND SLIDES BATTER THE HILLS
Landslides have caused huge damage to the roads as well as other existing infrastructure in tha hilly area of state of HP even more than thirty have lost their lives in the monsoon floods .The increased human interference is the reason behind as expanding urban spaces by way of altering the natural slopes and disturbing the natural angle of repose at the profiles on existing land which is acting as contrary to the required maintenance protocol mentioned in the codes of practice for landslides batter in adequate standard of the ratio by protecting width and height as per the classification of soils failing which it will collapse automatically during the heavy rains for which the role of the road side plantation is an important to escape the such damages and land slides however the working departments are reluctant to follow road slide plantation as per the advice of the code for land protection and settlement and the other allied developmental activities deforestation and changes in the pattern standard .
RIGHT TO FREEDOM OF SPEECH AND EXPRESSION HAS BEEN PROVIDED BY THE CONSTITUTION TO CITIZENS WITH EMPOWERMENT TO FOLLOW RTI ACT AND SAVE DEMOCRACY
Article 19(1) of the constitution of India provides that the all Citizens shall have the right to freedom of speech and expression,to assemble peacefully and without arms ,to form associations and the unions ,to move freely throughout the territory of India,to reside and settle in any part of the territory of India,and to practice any profession or to carry on any profession,trade or the business, however the clauses (2)to (6) of Article 19 provide for the operation of existing laws and empowers the State Government to make any law imposing reasonable restrictions in the interest of sovereignty and integrity of India or the public order or the morality etc on the exercise of empowerment delivered by the constitution in this behalf to the citizens of country.The RTI act publications have too been introduced and empowered under the provision of Article 19 (1) of the constitution of India As such Citizens of country may follow the fundamental rights and obligations required for the welfare of society and circle and may form associations and unions for the benefits empowered so under Article 19 (1) of the constitution of India
ADMINISTRATIVE DEPARTMENT MUST CONSULT THE VIGILANCE DISCIPLINE FOR CASES TO BE CONSIDERED UNDER PROVISOS TO PREFER AN ENQUIRY AS LAID DOWN BY Cr PC 200 , ALLOWING PUNISHMENT UNDER LAW CODE MANUAL
The Vigilance department is required to be consulted by the Administrative Departments regarding vigilance case / Complaint for which all Complaints/ Audit inspections / Departmental inspections , containing allegations of the corruption's , embezzlement or improper motive against the officials received by the Administrative Departments are required to be forwarded to the Vigilance department for advice.The vigilance department after examination of the case decides whether to entrust the Complaint/ audit inspection/ Departmental inspections to the anti corruption unit or to the Department concerned for a facts finding enquiry.All anonymous Complaints are required normally to be filed by the department
The allegations contained in the Complaints that can prima facie be verified by the enquiry from the signatory of the said Complaint whether it has actually been sent by him .The Vigilance department after examining the enquiry report advises the Administrative Department as to the further course of action to be taken
RTI ACT ADJUDICATION HAS BECOME A RELIABLE SOURCE FOR OBTAINING DATA FROM THE GOVT OFFICES AND OPT FOR THE ADMINISTRATIVE REFORMS
All the RTI activists , volunteers and the Resource persons working for the welfare of society and circle by way of promoting RTI act publications and creating awareness drive among the people of area and Organisation should go ahead with the mission transpancy and accountability act required for the good governance and charter of public accountability as such the social audit and review of Administrative reforms have been empowered to increase the good governance in Admininistration by way and virtue of which the government as well as the public Organisations may follow essential checks and required updates so issued time to time for the welfare of society and circle as well as the individuals demanding free and fair justice from the system of governance as found necessary devised for the increased improvement whether the prescribed procedure and instructions are understood properly and followed intelligently It is also necessary to find out whether proper attention is being paid to quality of performance by Officers and the staff during the discharge of their duties. The main idea and purpose of the inspection and audit is required to improve the system of working to test the intrinsic procedure and the demand under public utilities required for the good governance and accountability act of Empowerment so delivered to the citizens of country by the constitution of India and the government working for the welfare of society and circle
METHODOLOGY OF THE OFFICE INSPECTION REQUIRED FOR THE INCREASED SENSE OF DUTY AND INTEGRITY
The procedure laid down for the office inspection even when prescribed for a particular authoritiy under the Act Rules and regulations thereunder are conducted not by the authorities themselves,but by their subordinates. This is not desirable at all as it defeats the very purpose of specifying a particular authoritiy for conducting these inspections. It takes away the importance and sanctity of inspections and makes them a mere routine. It should be ensured that subordinates are never deputed and the inspections are duly conducted by the authorities entrusted with this function .The aim of good governance and Admininistration is the idea behind to develop a team of responsible workers while insisting on such inspections another aspect has also to be stressed as RTI act publications too allowing the inspection of records ,for which the Admininistration has also to take adequate steps for proper motivation and counselling of its personnel. It will be very useful if once in a while during the course of inspection the Secretaries, HOD ,and the Deputy Commissioners and the district level officers , make it a point to meet all staff to understand their problems, handicaps and fears as well as to install an increased sense of duty and integrity in the office workers so required for check-in the test inspections too ensured for the correct observance of the government Instructions, Rules and procedures reported to the Administrative reforms organisation once in a year .
COURT MAY CALL DEFENDANT TO APPEAR AND REPLY BY DELIVERING THE SUMMON WITH IN THIRTY DAYS
DELIVERY OF SUMMONS REQUIRED TO BE ISSUED TO THE DEFENDANT TO APPEAR AND ANSWER THE CLAIM:--The codal formality of required summons to be issued to the defendant to appear and answer the claim and to file the written statement of defence,if any with in thirty days from the date of service of summons.The service of summons may be made by delivering or transmitting a copy there of by registered post acknowledgement due ,addressed to the defendant or by the speed post or by such courier services as are approved by the High court or by the Court referred to in sub -rule (1) or by any other means of transmission of documents ( including fax message or electronic mail service) provided by the rules made by the High Court.The court may , in addition to the service of summons under rule 9, call for appearance to answer the claim and to file the written statement of his defence.The provisions of rule 16 and 18 shall apply to the summons personally served under this rule as if the person effecting service were a serving officer ,and if such summon has been refused to accept, the court shall reuse the summon to be served by the court in the same manner as a summon to a defendant
All POLITICAL PARTIES ARE RESPONSIBLE TO FOLLOW LAW CODE MANUAL OF RTI ACT ADJUDICATION IN THE INTEREST OF TRANSPANCY AND ACCOUNTABILITY
All political parties have been warned by the honourable Supreme court of India to take suo motu cognizance against the political aspirants and deny tickets and the posts of Administrative reforms and the Chairman or the Vice chairman etc etc so that they may not misuse office of the profit against appointed but it regretted to point out the non compliance at the level of the political parties forum for decision and management under the party affairs by way and virtue of which the corruption could be openly verified under law code manual of the adjudication so issued by the honourable Supreme court of India in this behalf . The matter is of the serious concern as no such appointment could be issued by any government after the ruling of the honorable Supreme court of India but neither the election commission of India has taken any cognizance of the instructions issued nor the Department of Personnel and the AR considering such issues of the political parties even though the political parties are also reluctant to follow RTI act adjudication so issued in this behalf of the RTI act publications since 2005 by way and virtue of which the RTI act publications could not be maintained and protected in the real sense of the implementation of law code manual so prefixed by the constitution of India in favor of the citizens of country but of no use and reforms as political parties are ignoring the transpancy and accountability for which Constitution of India have never allowed any one to ignore law and rules however these political parties are responsible to protect the fundamental rights of the people of country failing which the Supreme court of India must take cognizance of the non compliance by the political parties .It is very clear on the captioned subject matter deliberation noticed by the honourable Supreme court of India that Public funding collected by the political parties have been declared accountable under the RTI act publications so there is no reason to ignore the RTI act publications
AUDIT OF STATIONARY ARTICLES TOO FOUND NECESSARY BY THE OFFICE AS LOCAL PURCHASE ALLOWED IF NECESSARY
SUPPLY AND SERVICES :-- The Office work is essential hence the proposed period of one year would suffice particularly as a complete account of receipt and the issue of stationary articles required to be maintained in the stock Register, which is proposed to be preserved for at least five years. This period is necessary to facilitate Audit of the local purchase transactions, during the course of local Audit. Since the register will also include the stocks purchased locally and since Audit must satisfy itself that the local purchases made have, in fast , been brought into the stock Register. The register must be maintained for five years ( counted from the date of the last entry ) which is generally the maximum interval between two successive local audits of an organisation . When a stock Register is closed and a new one opened, entries regarding the closing balances should be carried forward to the new Register When a stock Register is closed and a new one opened entries regarding closing balances should be carried forward to the new Register. The process of the entries receipt and issues must be brought to the notice of the head of the branch by the clerk maintaining the register of the office stock / Stationary articles.
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POLITICAL PERSONNEL AND THE GOVT SERVANTS ARE RESPONSIBLE TO FOLLOW HONESTY IN IMPLEMENTATION OF THE ADMINISTRATIVE REFORMS AND TO PROVIDE GOOD GOVERNANCE TO THE PEOPLE
Honesty is the best policy and it always pay credit to the persons preferring his work and conduct on the path of devotion to be honest and sincere for future course of implementation of the observation by declaring himself to be a honest personality in the Society and circle ,As such the educated people may prefer RTI act publications and join hands with the provision of said act empowering the Citizens to take cognizance of the transpancy and accountability in the charter of demand under public utilities for which very few people have preferred the RTI act publications since 2005 even though the said act empowering the Citizens to follow FAA and SIC or CIC in case not satisfied with the decision and information of the public information officer however people are joining hands with the political parties reluctant to follow the RTI act publications even ignoring the RTI act informations if demanding the accountability in the party forum which is wrong and incorrect decision of the political parties ,under these conditions and circumstances of the present scenario it is difficult to remove corruption from the system of governance for which the Citizens of country are responsible to protect the fundamental rights of the people of country instead of to work for the political parties As such it is moral duty of the every citizen of country to follow the RTI act publications and work for the transpancy and accountability failing which democracy in the country could not be maintained as per the schedule of law code manual prefixed by the constitution of India
GOVERNMENT IS RESPONSIBLE TO FOLLOW ADMINISTRATIVE REFORMS PROTESTED BY THE APPLICANTS UNDER LAW CODE MANUAL OF RTI ACT ADJUDICATION
The RTI act publications have been empowered to initiate the necessary objective required for the information contained in the public domain and found essential by the citizens of country since 2005 .Since the creation of the act ibid over the years government activities has become so vast and so diverse that there is hardly any area where the common man does not come into contact with the government.The contact may be direct ,in the form of the government service, Government tax and revenue collection or the land Admininistration system or it may be indirect ,inthe form of rules and the acts which regulates transactions even between the private sector institutions and the Citizens.It is very natural that disputes may arrise in the confrontation ,therefore the resolution of disputes arising from the various transactions tend to involve the government either central,state or the local Government and in fact the government is the biggest litigant for which the constitution of India has empowered the citizens under Article 19 (1) of the constitution to take benefit of the RTI act publications so that Common man demanding free and fair justice from the system of governance may not suffer due to transpancy in the administration and the required charter of public accountability as facing problems due to corruption .
SYSTEM OF e- SAMADHAN PORTAL AND HEARINGS REQUIRED FOR THE ONLINE DIGITAL PLATFORM HAS BECOME NEED OF THE TIME AND HOURS
NATIONAL LOK ADALAT IN E- LOK ADALAT FORMAT AND DEMAND TO ARRANGE FOR THE ONLINE DIGITAL PLATFORM UNDER RTI ACT ADJUDICATION:-- Some State governments are conducting through the legal services of their system because of the covid-19 pandemic National lok Adalat processing by way of the e- lok Adalat format under the guidance of the High court authoritiy and the legal services authority of the National lok Adalat is constituting the provision made and created for the welfare of Common man demanding free and fair justice from the system of governance but it is regretted to point that very few number of e-lok adalat workshops are arranged by the state legal services authority even though it is easy to use e-lok adalat workshops in the interest of demand and option in the wake of covid-19 pandemic to maintain the social distancing protocol mentioned in the instructions of the issued guidelines time to time issued by the government in this behalf for which the RTI compaign committee working for the welfare of society and circle has also demanded to arrange for the e-portal and hearings but it is yet to be provided by the many states even though the CIC has started producing good results on the captioned subject matter deliberation required to be maintained under e- samadhan portals and hearings of the State Government to benefit the common man demanding online services of the e-portal format
WOMAN CAN USE RTI FOR INFORMATION ON HUSBAND'S GROSS INCOME
A wife is entitled to know about her husband's gross income and can seek information about the same through the RTI, the CIC has ruled .Such informations can not be considered as pertaining to a third party informations or beyond the definition of disclosable information under the RTI act publications, the Commission clarified while rejecting the denial of information to a wife seeking data about her husband's gross and taxable income besides directing the income tax department to provide her with the same with in fifteen days of the order . Where as the petitioner had filed an RTI application with the department seeking a copy of her husband's I-T return , following which an officer of the department issued a notice to the husband, apprising him about the data sought by his wife as it belongs to a third party. The husband refused to share the information terming it as Personal, following which the I-T Officer stated that the information could not be provided citing section 8(1)(j) of the RTI act. The petitioner counsel said that the FAA also upheld the decision of the I-T Officer and rejected her first Appeal.
MAINTENANCE CHARGES OF THE SOCIETIES COULD BE ACCOUNTED AND AUDITED UNDER FINANCIAL ACT OF THE GST IF TURN OVER MORE THAN 20 LAKH
NO GST WILL APPLY TO THE HOUSING SOCIETIES WITH AN ANNUAL TURNOVER LESS THAN 20 LAKH:--The major cities in the country depending upon the housing societies like Maharashtra state government has given advance ruling that GST is chargeable against the maintenance charges collected by a cooperative housing society from its members if it exceeds Rs 7500 per month however the small scale housing societies with an annual turnover less than 20 LAKH do not have to comply with the register with the GST obligations as there includes no facilities like security services, cleaning, repairs or the ancillary services like accounting and auditing by a CHS to its members and the members are not distinct entities. In contended principles no GST could be levied upon the small scale housing societies as the members are rembursing the costs .The financial Act has yet no amendments however the AAR pointed out that the amendment had received the assent of the president and the contentious issue of principles of mutuality in the case of cooperative societies have been settled.
NEW ERA ENTRANTS INTERESTED TO JOIN RTI MUST FOLLOW SKILL- SETS TO LEARN THE BASICS AND PERFORM
It is always better to go through the basics of the RTI act publications before taking use and exercise of the option and opportunity preferred by the study of protocol mentioned in the empowerment delivered by the constitution of India to Citizens of the country. As such new era entrants interested to join the RTI act publications must join established Group/ Society/ Organisation of the skill required for the experience in stabilizing the skill sets and making fit for the work and conduct of agenda of service, under the provision made and created for the welfare of society and circle. The option of the RTI act publications virtually related to the transpancy and accountability of the charter of demand under public utilities however very few people are taking cognizance of the empowerment delivered by the government for which the National compaign committee has started a move to demand for the online schedule of events and portals for work and conduct under law code manual of RTI for which the CIC has started the process of working however the state governments are working on the captioned subject matter deliberation required to be maintained by the government as per the decision of the honorable Supreme court of India issued in this behalf since 20-3-2020 .
PEN DOWN YOUR THOUGHTS THIS ACTIVITY CAN WORK LIKE THERAPY AND IMPROVE THE VISION OF LIFE STYLE
WAYS TO DEAL WITH THE CRISIS:-- One should not try to compare his life with someone else , in this way you are playing a role on the path of unhappiness. Access to information through source of observations as well as the social media platforms has also created pressure on the lifestyle on ourselves to achieve, perform and deliver the results oriented working on the improvement of methods and techniques as focusing on putting in efforts to focusing on delivering the excellence for which the hard work is essential to perform the duties of every concerned. At the same time it is also necessary to protect the personal hygiene of the lifestyle and pen down your thoughts like therapy. Use affirmations and engage ourself in the physical exercise and potential with communication to the true friend circle and also to make the life crisis escaped in the reality of freedom to be enjoyed with the more and more opportunities to be taken in hands, as necessary to remove the crisis led to a feeling of uncertainty.
EVERY DEPARTMENT MUST FOLLOW ONLINE DIGITAL HELP LINE FEEDBACK UNDER SECTION 4 OF RTI TO THE PEOPLE AS NECESSARY UNDER LAW CODE MANUAL, FREE OF COST
ELECTRIC PORTAL AND HELP LINE TO DELIVER RTI INFORMATIONS UNDER LAW CODE MANUAL:-- The present system of governance and charter of public accountability act could be used as a hassle free service to the citizens of Society and circle by virtue of which the public feed back minimising the regulatory compliance, burden with the aim to simplify rationalize and digitise the interface with the citizens of Society and circle for which the Citizens may send their demand under public utilities/ RTI applications under the provision of Online digital platform given by the government to seek the public feedback .This exercise if followed by the department concerned or the public authorities will further improve the system of delivery of the services more effectively.The department will be made more Citizens interfaces, transparent and accountable as well as time bound for which the existing rules and regulations and the policies and procedures must be amended with regards to minimize the burden in the required services of the department or the public authorities by way and virtue of which the general public will be benefited more and more in the large scale. All the department concerned dealing with the public Complaints and redressal of grievances must follow Online system of electronic format and regulatory compliance as per the schedule under law code manual of RTI act publications laid in section 4 and should deliver informations to the general public free of cost as demanding good governance and charter of public accountability under process of the RTI act publications
DELAY IN DECIDING CASES SHOULD BE AVOIDED BY THE SYSTEM FOR SERVICE UNDER RTI, AS ITS TIME-BOUND
The government has started working for the welfare of society and circle and to control the rule of law code manual prefixed by the constitution of India since 1947 .The main role and objective of the executive is to deliver the good governance and accountability as well as transpancy in the administration for which the RTI act publications have too been empowered to the citizens since 2005 which clearly shows the results of empowerment delivered to the common man demanding free and fair justice from the system of governance however very few number people are working on the captioned subject matter deliberation noticed by the study of impact assessment realised by the RTI activists to resolve the problems of the society and circle .The overall responsibility of the Administrative reforms determinates with the executive responsible to deal with the Citizens of country and the cadres working for the good governance and accountability which includes the legislatures , judiciary and the RTI performance required to be protected by the individual concerned as the said empowerment delivered to the every citizen of country .In Accordingly it is necessary to promote the RTI act publications and follow awareness drive movement to improve the quality and service of the governance delivered in this behalf of the empowerment delivered and the protected by the law code manual prefixed by the study to deal with the problems of the common man however people are not satisfied with the ignorance of law and unnecessary delay in deciding the cases even though the RTI act publications are very clear on the captioned subject matter deliberation required to be maintained for the penal action against the defaulters how ever there seems no incitement and exercise of the section 18 to 20 in the many cases of the RTI act publications which has ruined the basic concepts of the good governance and accountability act for which the RTI act publications have been empowered to the citizens of country so that they may get benefits of the RTI act publications .The courts are too responsible to protect the charter of public accountability however nothing concrete has been done by the public authorities to follow orders of the SC of India as issued for the online schedule of digital platforms and portals for which the state governments are responsible to deliver the required infrastructure to every office and authoritiy so that online programming may be issued by the public authorities to decide pending cases of the RTI as well as the Courts working for the good governance and charter of public accountability
DEMAND CHARTER FURNISHED BEFORE THE STATE GOVERNMENT TO DECREASE TIME AND COST BURDEN REQUIRED FOR THE RTI ADJUDICATION
Representations related to the appointment of one post of the State Information commissioner lying vacant in the office since July 2007 and the online schedule required for digital platforms in order to make the Commission as well as the RTI act publications more Citizens interface transparent and time bound , for which the representation was furnished with the Honorable Chief Minister, The Chief Secretary of the HP Government and the Secretary (AR) to govt The intimation of the representation furnished with the competent authority has also been brought to the notice of the Registrar SIC on 20-7-2021 for which the main purpose of the RTI welfare Association was to decrease the time and remove the pendency of the cases .The present system of the RTI act adjudication is pertinent to the hearings before the FAA and SIC or CIC which is cost burden for the citizens of Society and circle and if the compliance made by the CIC is preferred by the state government of Himachal Pradesh the touring involved at both ends could be reduced for which the RTI applications would be furnished online before the FAA and further processing would also be furnished on the portals maintained by the study of protocol ensured by the RTI services . While the matter was discussed with the Departmental authorities working for the schedule of events under online digital programming it was assured that the work is in progress and the system would be made hassle free as well as more effective as the main objective of this use and exercise is to decrease time and cost burden faced by the Citizens of Society and circle due to delay in deciding the cases for which the pendency must be removed
NATIONAL PENSION SCHEMES SHOULD BE FRAMED WELL WITH IN THE FRAME WORK OF REQUIRED SCHEDULE AS RETIREES FACING PROBLEMS DUE TO DELAY IN THE DECISION
It is necessary to protect law required to cover the retirement funds For regulating the superannuation funds as these are not under the regulatory control of the any financial regulator .Some changes have been proposed inthe PFRDA act , as per the statement by its chairman under the current regulatory structure, and the guidelines issued by the Ministry of the Finance, annuities can be bought, resulting in regulation by the insurance Regulatory & Development authoritiy of India.PFRDA handles the National pension schemes/system for which the mutual funds also selling the pension schemes as regulated by the Sebi .The debate is going on on the captioned subject matter deliberation required to be maintained by the government over regulation of these superannuation funds as failed to put in the frame work in the interest of employees joining the NPS as a result of which there is no clarity yet whether retirement savings of lakhs of investors are being managed properly as required scrutiny of the all superannuation schemes/ system is followed by the players working on the amendments to the existing law to ensure the regulation of the large number of superannuation funds that currently escape the required scrutiny.
IF THE SUMMON HAS BEEN REFUSED TO ACCEPT THE COURT MAY REUSE THE SUMMON
DELIVERY OF SUMMONS REQUIRED TO BE ISSUED TO THE DEFENDANT TO APPEAR AND ANSWER THE CLAIM:--The codal formality of required summons to be issued to the defendant to appear and answer the claim and to file the written statement of defence,if any with in thirty days from the date of service of summons.The service of summons may be made by delivering or transmitting a copy there of by registered post acknowledgement due ,addressed to the defendant or by the speed post or by such courier services as are approved by the High court or by the Court referred to in sub -rule (1) or by any other means of transmission of documents ( including fax message or electronic mail service) provided by the rules made by the High Court.The court may , in addition to the service of summons under rule 9, call for appearance to answer the claim and to file the written statement of his defence.The provisions of rule 16 and 18 shall apply to the summons personally served under this rule as if the person effecting service were a serving officer ,and if such summon has been refused to accept, the court shall reuse the summon to be served by the court in the same manner as a summon to a defendant
APPLICATION UNDER LAW CODE MANUAL COULD NOT BE IGNORED BY THE SYSTEM FOR SERVICE PROCESSED WITH PROCEDURE UNDER CODE OF CIVIL PROCEDURE-1908
Rules are empowered with application and performance by change of position and state as well as status of duty and eligibility entertained by the held proceedings so position for review and revision of any arrest or offence is open before the competent office and authority or the court of law to verify the facts and decide matter afresh in accordance with the latest position and explanation by the evidence or proof or confirmation by the department concerned as RTI Act -2005 is also explaining such complaints as well as Appeals in favour of the citizens of country to rethink the position of previous perusal of the records and orders so issued by the PIO or FAA or by the CIC or SIC and which could not be ignored by the court of law in view to the process of enquiries so conducted in this behalf by the forum of enquiry
ALL THE RTI GROUPS ARE WORKING TO INCREASE ONLINE DIGITAL PLATFORM AND PROGRAMMING REQUIRED FOR THE AWARENESS COMPAIGN
It is necessary to increase the Participation of the online programming of scheduled RTI meetings and events arranged so by the various RTI groups and societies as well as the federal house working for the good governance and accountability for which the registeration of the RTI activists working for the welfare of society and circle must be arranged and maintained with the continuity at every level of the RTI act awareness drive and promotion for good governance and charter of public accountability however very few number of RTI groups are registered at all India level of the introduction and wellness movement continued for the agenda of discussion and meetings required for the welfare of society and circle.As such all the groups and organisations working for the good governance and accountability must try to register their group membership with the state government so that at all India level an organisation of the federal house may be established with the National Identity as required for the compaign of the membership drive which should be Registered by the state government concerned .The registerd members are responsible to protect the fundamental rights of the society and circle and they may pursue the Participation of the new era entrants is the way out to increase the number of the members of the society and circle demanding free and fair justice from the system of governance
THE ADMINISTRATIVE REFORMS ORGANISATION IS REQUIRED TO CONDUCT TEST INSPECTION AND CHECK TO ENSURE CORRECT OBSERVANCE
INSPECTION BY THE ADMINISTRATIVE REFORMS/ORGANISATION:-- Under law code manual of the Rules and allocation the Administrative reforms organisation is required to conduct test inspections and checks to ensure the correct observance of the Government instructions , Rules and procedures The Organisation will, in particular follow the following observations as related to the instructions issued for the conduct of work, Simplification and improvement of methods related to the work done, Informations management including review of Reports and Returns and efficacy of analysis of data, Economy and rationalisation delegation and decentralisation of the powers and authoritiy The Organisation will prepare yearly Programme of the inspection and analysis The HOD must be informed about the observations pointed as required for the remedial measures .All suggestions collected from the inspection report and required for the improvement will be implemented with the consent of the respective HOD and in case of any difference of opinion, orders of the respective Chief Secretary of the government will be obtained in the matter before asking the HOD to implement the recommendations required for the Administrative reforms.
SICs ARE NOT FOLLOWING CIVIL PROCEDURE AND THE RTI ACT ADJUDICATION REQUIRED FOR GOOD GOVERNANCE AND TRANSPARENCY IN IMPLEMENTATION OF ADMINISTRATIVE REFORMS
The CIC or SIC has been declared Court for information and enquiries since Introduction of the RTI act publications 2005 but it is regretted to point the required action at the level of Commissions , as such maximum number of Commissions are working just like the Departmental office and simply writing letters to the FAA and the PIO with warning even though the Commissioners are responsible to follow law code manual of the RTI act publications/ adjudication and act accordingly to issue necessary summons to the parties by way and virtue of which the proceedings followed by the Commissions are not furnished under the civil procedure code-1908 and the public authorities are taking matters lightly as neither penalties are imposed against the defaulters nor Disciplinary action recommended to the HOD / Secretary of the department which is highly objectionable matter of fact and concern as people facing problems due to unusual practice of the Commissions for which the DOPT must take cognizance of the pending cases and previous reports furnished by the Commissions failing which it is difficult to get transpancy and accountability maintained in the functioning of the government.
HIMACHAL PRADESH GOVERNMENT READY TO FOLLOW ONLINE RTI APPLICATIONS VERY SHORTLY
It is a matter of pleasure and achievement that required Online system demanded for the promotion of RTI act publications with the practical aspects of computer laid processing system for designing, software development and data selecting procurement related to the basic concepts of all public authorities working in the state of Himachal Pradesh for the welfare of society and circle demanding online digital platforms and portals have been customised for (CBMIS) required for the designing of proposed system and task performed by the government, Department of (AR).As such system designers of the Electronic Corporation limited would access the ensured essential protections, incorporate checks access to data and to prevent unauthorised changes in consultation with the government on technical approval.The said information has been obtained from the department of the Administrative reforms today on 16-7-2021 where in it has been ensured that system would be made functional very shortly and people may get facilitated with the online schedule of RTI applications both at the level of FAA and SIC .
RECORDES CONSTITUTE AN IMPORTANT EXERCISE REQUIRED TO FOLLOW REFERENCE AND THE REPORTS
OFFICE RECORDS:--As the records constitute an important part of the every office and it is therefore essential that the records are retained and properly cared for the future necessity of the use and exercise for which interalia principles, practices and skill needed for achieving the most effective creation ,use , maintenance, retention, protection as well as the preservation.The main purpose of the record management required for the speed up the location of the reference to record as a meaningful disposal of cases required to deal with the cases related to the returns and Reports may be the RTI act publications issues or the Audit of records which requires consistence vigilance on the part of the officers to endure that the Reports, Returns, Statements and Registers are prepared and maintained in various offices under their control required for the efficient performance and functioning of the office/ Department.It is the duty and responsibility of the department concerned to retain the recordes of the offices as required so long to remain in the existence of the period prescribed for the retention.The Heads of offices and the HOD should follow the recommendations unless there are special reasons in the particular cases showing the period of retention recommended for the record as per the instructions laid by the government
AWARENESS DRIVE MOVEMENT UNDER LAW CODE MANUAL OF RTI ACT ADJUDICATION MUST BE INTRODUCED TO EDUCATE THE PEOPLE OF COUNTRY
RTI act working for the welfare of society and circle and also for the individuals for which every citizen of country has been empowered to initiate the necessary proceeds laid down under law code manual of the RTI act publications however volunteers, Activists and the resource persons are taking cognizance of the required duty and responsibility issued by the constitution of India to the citizens of country list by way and virtue of which people are facing problems due to wrong interpretation of law code manual for which more and more groups and organisations are required to be registered for the welfare of Common man demanding free and fair justice from the system of governance and awareness drive is very necessary action to promote the RTI act 2005 as very few people are taking use and exercise of the empowerment delivered by the act
RTI ACT ADJUDICATION WORKING FOR TRUE DEMOCRACY AND PROCTION OF SOCIALISM AS THE CONSTITUTION OF INDIA BASICALLY ISSUED TO PROTECT FUNDAMENTAL RIGHTS
The RTI welfare association and groups working on the captioned subject matter deliberation required to be maintained by the federal house of Activists must realise that workshop training and techniques arranged for the new era entrants joining the discussion and meetings must offer values to the citizens and the Society and circle and the Activists must see their path to the monitoring and evaluation of implementation of the future course of action for RTI applications which should be related to practical experience and skills for learning the matter and objectives of the RTI act publications so that we can do better in the future performance of the work and conduct required to be verified by the self improvement.The process initiated by the various groups and organisations of the RTI act publications must yield tangible long term relationship with the offer values to the society and circle demanding free and fair justice from the system of governance however there is no challenge for the agenda of discussion and expression for which the RTI act publications have been empowered to the common man so that true democracy and socialism may be protected by the study of protocol mentioned in the highlights of the reports and confirmations noticed by the government of India and the state governments as per provisos of the RTI act publications
GOVERNMENT IS THE BIGGEST LITIGANT FOR SERVICE UNDER LAW CODE MANUAL DEMANDED SO BY THE PUBLIC REQUIRED IN THE ADMINISTRATION
The RTI act publications have been empowered to initiate the necessary objective required for the information contained in the public domain and found essential by the citizens of country since 2005 .Since the creation of the act ibid over the years government activities has become so vast and so diverse that there is hardly any area where the common man does not come into contact with the government.The contact may be direct ,in the form of the government service, Government tax and revenue collection or the land Admininistration system or it may be indirect ,inthe form of rules and the acts which regulates transactions even between the private sector institutions and the Citizens.It is very natural that disputes may arrise in the confrontation ,therefore the resolution of disputes arising from the various transactions tend to involve the government either central,state or the local Government and in fact the government is the biggest litigant for which the constitution of India has empowered the citizens under Article 19 (1) of the constitution to take benefit of the RTI act publications so that Common man demanding free and fair justice from the system of governance may not suffer due to transpancy in the administration and the required charter of public accountability as facing problems due to corruption .
ARTICLE 19 (1) OF THE CONSTITUTION OF INDIA PROVIDES FOR THE RTI ACT EMPLOYMENT TO CITIZENS OF COUNTRY
Article 19(1) of the constitution of India provides that the all Citizens shall have the right to freedom of speech and expression,to assemble peacefully and without arms ,to form associations and the unions ,to move freely throughout the territory of India,to reside and settle in any part of the territory of India,and to practice any profession or to carry on any profession,trade or the business, however the clauses (2)to (6) of Article 19 provide for the operation of existing laws and empowers the State Government to make any law imposing reasonable restrictions in the interest of sovereignty and integrity of India or the public order or the morality etc on the exercise of empowerment delivered by the constitution in this behalf to the citizens of country.The RTI act publications have too been introduced and empowered under the provision of Article 19 (1) of the constitution of India As such Citizens of country may follow the fundamental rights and obligations required for the welfare of society and circle and may form associations and unions for the benefits empowered so under Article 19 (1) of the constitution of India
GOVERNMENT IS RESPONSIBLE TO WORK FOR THE AWARENESS DRIVE MOVEMENT OF RTI ACT ADJUDICATION AND ARRANGE FOR THE WELFARE OF SOCIETY AND CIRCLE
The purpose and motive behind the Introduction and creation of the RTI foundation and wellness group working for the welfare of society and circle in the area is to teach and guide the aspirants and also to help them in the schedule of training and techniques pertinent to the use and exercise of RTI act -2005 The driving force behind the objective of this cause and workshop compelling to increase the moment of the awareness drive is the idea of the government as well as the monitoring and evaluation by the study of impact by SCOPE for legislation and legislative representation by the Public Enterprises so issued by the constitution of India in favour of the citizens of this country especially in the interest of justice and welfare of the society and circle as facing the problem in charter of public accountability and transparency in the administration as well as removal of corruption from society and circle for which it has become necessary to take advice of the senior most founder members of the society and circle working for the RTI organisation in every sphere and field of the awareness drive and still working as holding the posts of Chief Advisers of the SCOPE named Shri Bhim Sen Thakur former Chief of the state information commission Shimla and the former CIC Shri Sailesh Gandhi for which the RTI organisation has always appreciated their services delivered for the welfare of society and circle in the capacity of Chief Advisers required so for the education training and experience as well as the monitoring of workshops at every level of the introduction and implementation of the RTI act publications so issued by the government for use and exercise of the act ibid how ever still less than one percent people have made use and exercise of the RTI act publications which clearly reflects the huge necessity of more and more work and training techniques by the study of impact workshops for which the government is responsible to increase the productivity of success as facing problems of the corruption and transparency in administration
RTI ACT HAS BEEN EMPOWERED TO THE PEOPLE OF COUNTRY TO FOLLOW LEGAL REMEDY ISSUED BY THE LAW CODE MANUAL TO PROTECT FUNDAMENTAL RIGHTS
Constitution of India has been declared the appropriate solution for resolving the public disputes by Application of the required system for service and reforms as laid by the study of protocol mentioned in the law and rules, however it is regretted to point the illegal work and conduct of duty and responsibility at the level of the public authorities for which the RTI act publications have been empowered to the citizens of country to take cognizance of the demand under public utilities processed by the Applicants in this behalf and Enquire onto the matter so that problems faced by the common man demanding free and fair justice from the system of governance may be resolved by the government Admininistration responsible to protect the fundamental rights of the society and circle.It is very important to aware the public of the society and circle to follow RTI act publications and work for the transpancy and accountability so that people may get benefits of the democratic set up issued by the constitution of India to Citizens of this country ,as such power is being misused by the government machinery for which the RTI act publications may be used and exercised by the citizens of country to take cognizance of the such issues and follow presentation before the competent higher authority / court of law.
GOVERNMENT IS RESPONSIBLE TO TAKE TIMELY ACTION AFTER PRESENTATION OF THE AUDIT REPORTS
DEPARTMENTAL ACTION AFTER PRESENTATION OF THE AUDIT REPORT:-- It is necessary to present the Audit report as soon as possible before the House and the department concerned would suo motu initiate action at their level without waiting for the formal questionnaire from the Public accounts committee and Report to the Committee action taken by them on each such para with in a period of three months from the presentation of report except those in sub para (11) .The Secretary Finance will watch the action being taken by the department on the paras included in the audit report .The Secretary Finance shall collect and furnish to the Committee, the information regarding misappropriation, defalcation, pending inspection reports and paras , uncollected revenue and utilisation certificates as appeared in the audit report Presented to the House with in six months of its presentation.The Questionnaire on the important paras selected by the committee shall be sent to the Department concerned with a copy to the Finance Department immediately but it is regretted to point out the pendency of the action taken report at every level of the duty and responsibility prefixed by the study of protocol mentioned in the audit report and required to be verified by the House of the Legislative Assembly for which the government is responsible to take cognizance of the said reports well in time so that transpancy and accountability could be maintained in the Audit Reports
ANNUAL REPORT OF THE RTI ACT ADJUDICATION MUST BE PLACED BEFORE THE STATE LEGISLATURE BY THE COMMISSION BEFORE BUDGET SESSION TO VERIFY THE PERFORMANCE APPRAISAL
The annual monitoring and evaluation report of the SIC is a basically document for the performance appraisal. It can help to identify problems and the conclusion of the Report should be taken in to account while preparing the next year's annual report/ action plan to remove the problems of the public demanding comprehensive overview of the functioning of the Commission as a whole , as such the basic concept of transpancy and accountability could not be ignored by the law code manual prefixed by the study of protocol mentioned in the RTI act publications.The report must be furnished on the basis of performance of each department with facts and figures of the cases decided and registered by the Applicants along with penalties and disciplinary action against the defaulters if any .The Report should also be compared with the previous years trends and the achievements should also be highlighted with an explanation or reason for the delay and dereliction of duty up to the possible extent of demand and supply formula required to be maintained by the Commission .An annual report of each year describing the work done and progress achieved with the provision made under law code manual and activities of the people / volunteers/ resource persons/ RTI activists as well as the Applicants should also be sent to the appropriate government for requirement to be placed before the state legislature so that necessary review and re-examine of the annual report may be concluded and future course of action plan/ Programme could be discussed by the study of impact assessment realised by the house of members.
SELF- CONTAINED SPEAKING ORDER MUST BE ISSUED BY THE SECRETARY/ HOD TO CONCLUDE PERSONAL HEARING GIVEN TO THE GOVERNMENT SERVANT WELL IN TIME
Cases remanded by the Administrative Tribunal for decision by the Administrative Department must be study by the Secretary/ HOD or officer concerned and may consult other departments if need be, on priority basis and fix a date of personal hearing to the government servant.The Officer concerned will hear the government servant in person on the fixed date , time and place and make queries from the government servant for the purpose of clarification or elaboration of the point and may receive a written brief if the government servant so desires .After the personal hearing, the Secretary/ HOD will decide the representation/ Appeal and pass a self - contained speaking order touching all the issues raised, pleadings and his final decisions on the all issues.It is to be noted that a short order merely rejecting or accepting the representation/Appeal should not be issued as such an order is liable to be challenged again in the Tribunal and a copy of the final order is to be officially supplied to the Government servant and the decision should be made well in time .
NO RECORD MAY BE WITH HELD FROM THE SIC ON ANY GROUNDS TO WHICH THE RTI ACT PERTAINS
POWER AND FUNCTIONS OF THE SIC OR CIC:- Subject to the provision it shall be the duty of the SIC to receive and Enquire onto a Complaint from any person who has been unable to submit a request to PIO either by reason that no such officer has been appointed under this Act or because the PIO has refused to accept his or her Application for information or Appeal under this Act for forwarding the same to the PIO or senior officer specified in subsection (1) of section 19.(b) who has been refused access to any information requested under this Act.(c) who has not been given a response to a request for information or access to information with in the time limits prescribed under this Act.(d)who has been required to pay an amount of fee which he or she considers unreasonable.(e) who believe that he or she has been given incomplete, misleading or false information under this Act, and in respect of any other matter relating to requesting or obtaining access to record under this Act.(2) Where the SIC or CIC is satisfied that there are reasonable grounds to Enquire onto the matter it may initiate an enquiry in respect thereof.(3) The SIC or CIC have the same powers as are vested in a civil court while trying a suit under the code of civil procedure 1908 in respect of the following matters :- Summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the Documents or things, requiring the discovery and inspection of the documents, receiving evidence on affidavit, requisitioning any public record or copies thereof from any court or Office, issuing summons for examination and any other matter which may be prescribed.(4) The CIC or SIC may during the enquiry of any Complaint under this Act, examine any record to which the Act applies which is under the control of the public authorities, and no such record may be with held from it on any grounds.
SICs MUST FOLLOW CONTROVERSIAL ISSUES LIKE COMPLAINTS UNDER SECTION 18 IN THE INTEREST OF JUSTICE TO APPLICANTS
It is necessary for the public authorities working on the captioned subject matter deliberation noticed by the study of impact assessment realised by the RTI activists regarding to take suo motu cognisance of the controversial issues and follow the law code manual for which the SIC should also decide cases of Complaints preferred under section 18 of the RTI act publications keeping in view the futile practice and use and exercise of the first appeal before the Departmental officers having no penal powers , As such the first Appeals are not taken seriously neither by the PIOs nor by the appellate authorities by way and virtue of which it has become very necessary for the SIC to take cognizance of the filed Complaints referred under section 18 by the Applicants to honourable Commission however the Commissions are too taking no serious view of the said Complaints, which is not genuine and justified under the provision made and created for the good governance and accountability .As such the state information Commissions must verify the facts placed on the record of the Registry and related to the Complaints instead of denial to work on the captioned subject matter deliberation and declared controversial by the section 18 of the RTI act adjudication as the penal powers only exists with the provision made under law code manual prefixed in the second appeal / Complaint required to be verified and monitored by the study of protocol mentioned in the RTI act publications described as in the section 18 to 20 of the RTI act publications.
SERVICE OF NOTICE BY THE COMMISSION AND ORDER OF THE COMMISSION AND PRESENCE
PROCEDURE FOR DECIDING APPEALS:-- The Commission while deciding the appeal may receive oral or written evidence on oath or an affidavit from concerned .Peruse or inspect documents, public records or copies thereof Enquired through authorised Officer further details or facts .Hear PIO , FAA or such person against whose action the appeal is preferred .Hear third party and to receive evidence on affidavit from the PIO ,FAA and such other person against whom the appeal lies or the third party The public authorities may authorise any representative of any of its officers to present it's case.The Commission may issue the notice by name, which shall be served in any of the following modes , namely:-- Service by the party itself, by hand delivery , through process server, by registered post with acknowledgement due , by electronic mail in case electronic address is available . ORDER OF THE COMMISSION :-- The order of the commission shall be in writing and issued under the seal of the Commission duly authenticated by the Registrar or any other officer authorised by the commission for this purpose.
POWER TO MAKE RULES AND REMOVE DIFFICULTIES EXISTS WITH THE GOVT AND THE PARLIAMENTARY DEMOCRACY AS REQUIRED TO PROMOTE THE RTI ACT ADJUDICATION
POWER TO MAKE RULES:--Every rule made by the central government under this Act shall be laid, as soon as may be after it is made before each house of the Parliament, while it is in session , for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if , before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification , in the rule or both houses agree that the rule should not be made , the rule shall thereafter have effect, however any such modification or annulment shall be without prejudice to the validity of any thing previously done under that rule.(2) Every rule made under this Act by a state government shall be laid, as soon as may be after it is notified, before the state legislature. POWER TO REMOVE DIFFICULTIES:-- If any difficulty arises in giving effect to the provisions of this Act,the central government may by order published in the Gazette ( Official) , make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty. Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act (2) Every order made under this section shall , as soon as may be after it is made,be laid before each house of Parliament.REPEAL :-- The freedom of information Act ,2002 (5of 2003) is hereby repealed.
REPORT FURNISHED BY CIC OR SIC MUST LAID BEFORE EACH HOUSE S PECIFYING ITS OPINION REQUIRED FOR PROMOTION OF THE RTI
MONITORING AND REPORTING:-- The CIC or SIC as soon as practicable after the end of each year , prepare a report on the implementation of the provisions of this Act during that year and forward it copy thereof to the appropriate govt (2) Each Ministry or department shall, in relation to the public authorities with in their jurisdiction, collect and provide such information to the CIC or SIC as the case may be,as is required to prepare the report under this section and comply with the requirements concerning the furnishing of that information and keeping of record for the purpose of this section.(3). Each report shall state in respect of the year to which the report related:- The number of requests made to each public authority,the number of.decisins where Applicants were not entitled to access pursuant to the request and provisions of this Act under which these decisions were made and the number of times such provisions were invoked .The number of appeals referred to the CIC or SIC as the case may be,for review, the nature of the appeals and the outcome of the appeals Particular of the disciplinary action taken against any officer in respect of the Admininistration of the Act.The amount of charges collected by each public authority under this Act Any fact which indicate an effort by the public authorities to administer and implement the spirit and intension of this Act . Recommendations for reforms, related to each public authority required for development, improvement modernization.(4) The CIC or SIC will furnish the report before each house of parliament or state legislature as the case may be before that house .The practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit of the Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity.
DISCLOSURE OF THE THIRD PARTY INFORMATION
THIRD PARTY INFORMATION:--Where the PIO intends to disclose any information,or record on a request under this Act, which relates to the third party and has been treated as confidential by that third party, the PIO shall with in five days from the receipt of the request , give a written notice to such third party of the request and of the fact that PIO intends to disclose the information and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information, provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweights in Importance may possible harm or injury to the interests of such third party .(2) Where a notice is served by the PIO under sub section (1) to a third party in respect of any information the third party shall with in ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure.(3) The PIO shall with in forty days after receipt of the request under section 6 , if the third party has been given an opportunity to make representation under sub section (2) make a decision as to whether or not to disclose the information and give in writing the notice of his decision to the third party.(4) A notice given under sub section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision .
GOVERNMENT MUST PROVIDE DISCLOSURE TO VOLUNTEER CATEGORIES UNDER SECTION -4
Appropriate government to prepare Programmes:-- The government may , to the extent of availability of financial and other resources develop and organise educational programs to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights contemplated under this Act .To encourage public authorities to participate in the development and Organisation of Programmes referred to in as above and to undertake such Programmes themselves Promote timely and effective dissemination of accurate information by public authorities about their activities and train SIC officer's and produce relevant training materials for use by the public authorities themselves .The government shall compile in its official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this Act, and update and public the guidelines referred to in sub section (2) at regular intervals which shall in particular and without prejudice to the generality include the objects of this Act The postal and street address the phone and fax number and electronic mail address of the SIC as well as every public authority .The manner and the form in which request for access to an information shall be made to the SIC The assistance available from the duties of state public information officers .All remedies in the law available regarding act or failure to act in respect of a right or duty conferred or imposed by this act including the filing of appeal to Commission .The provision for providing disclosure to volunteer categories under section 4.The notice regarding fees to be paid and any additional regulations or circular made or issued in relation to obtaining access to information in accordance with the act. The appropriate government must update and public the guidelines at regular intervals, to promote the RTI act publications and also to increase the awareness drive among the new era entrants joining the RTI act publications
PERSONAL PRESENCE SHOULD NOT BE IGNORED BY APPELLANT IN THE DUE DATE OF HEARING BY FAA OR SIC
PERSONAL PRESENCE OF THE APPELLANT OR COMPLAINANT:-- Appellant shall be informed of the date of hearing at least seven clear days before the date .(2) Appellant may at his discretion be present in person or through his duly authorised representative at the time of hearing of the appeal or Complaint by the Commission, or may opt not to be present.(3) Where the Commission is satisfied that circumstances exists due to which the Appellant or the Complainant is being prevented from attending the hearing of the Commission, the Commission may afford the Appellant another opportunity of being heard before a final decision is taken or may take any other decision as it may deem fit.(4) The Appellant may seek the assistance of any person while presenting his case before the Commission and the person representing him may not be a legal practitioner.(5) If an appellant at his discretion decides not to be present either personally or through his duly authorised representative during the hearing of an appeal or Complaint before the Commission, the Commission may pronounce it's decision or order in the matter ex- parte .
NATIONAL ADVISORY COUNCIL SUGGESTED IMPORTANT CHANGES IN FREEDOM INFORMATIONS ACT 2002 AND GOVT DECIDED TO REPEAL RECOGNISED UNDER ARTICLE 19
The freedom of Information Act,2002 has been made more effective access to information as found necessary for the participation, meaning ful , progressive and empowering Common man for which the National Advisory council suggested certain Important changes to be incorporated in the said act to ensure smoother and greater access to information .After examination of the suggestions made and and also considering the view points of others it was decided to repeal the freedom of information act 2002 and enact another law for providing an effective frame work for effectuating the right of information Recognised under Article 19 of the constitution of India.To achieve this object, the right to information bill was introduced in the parliament .
OBLIGATORY EXPLANATION REQUIRED FOR SERVICE UNDER LAW CODE MANUAL OF RTI ACT 2005
AWARENESS DRIVE AND THE EXPLANATION:-- For the purpose of Sub- section (3) and (4) , disseminated means making known or communicated the information to the public through notice boards, news papers, public announcements , media broadcast, the internet or any other means, including inspection of the offices of any public authorities It shall be a constant endeavour of every public authoritiy to take steps in accordance with the requirements of clause (b) of sub section (1) to provide as much information suo motu to the public at regular intervals through various means of communication including internet so that the public have minimum resort to the use of this Act to obtain information. For the purpose of Sub- section (1) every information shall be disseminated widely and in such form and manner which is easily accessible to the public All material shall be disseminated taking into consideration the cost effectiveness, most effective method of communication easily accessible to the extent possible in electronic format with the SIC available free or at such cost of the medium or the print cost price as may be prescribed.
RTI ACT HAS BEEN EMPOWERED TO THE CITIZENS OF COUNTRY TO SECURE ACCESS TO THE INFORMATIONS UNDER CONTROL OF THE PUBLIC AUTHORITIES
RTI ACT 2005 (22of2005) OBJECT:-- The object of the RTI act is to harmonize the conflicting public interests ,that is ensuring transpancy to bring in accountability and containing corruption on the one hand, and at the same time ensure that the revelation of information, in actual practice, does not harm or adversely affect other public interests The RTI act issued to provide for setting out the practical regime of right to information for Citizens to secure access to information under the control of the public authorities, in order to promote transpancy and accountability in the working of every public authority , the constitution empowering the citizens of country who desire to protect their rights and obligations must be facilitated under law code manual of the provision made and created for welfare of society and circle
EVERY PUBLIC AUTHORITY MAY APPOINT APIOs SO REQUIRED FOR ASSISTANCE AT SUB DIVISION LEVELs
DESIGNATION OF PIOs :--Every public authority shall , with in one hundred days of the enactment of this Act, designate as many officers as required in the all Administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act . Without prejudice to the provisions of sub section (1) every public authority shall designate an officer, at each sub division level as Assistant Public information officer to receive the Applications for informations or Appeals under this Act for forwarding the same forthwith to the senior officer provided that a period of five days shall be added for response specified under sub section (1) of section 7.
REGARDING LANGUAGE OF THE COMMISSION
LANGUAGE OF THE COMMISSION :-- An Appeal or a Complaint may be filed in English or in Hindi and all the documents or copies thereof shall also be filed in English or in Hindi. Where a document, in original, is in a language other than English or in Hindi, a certified authenticated copy of its translated version in English or in Hindi shall also be filed along with the original.This shall also apply in the case of a counter statement, rejoinder , reply or any other document or documents filed before the Commission (2) The proceedings of the Commission shall be conducted in English or in Hindi.
VIGILANCE DEPARTMENT MUST FOLLOW LAW CODE MANUAL TO DEAL WITH THE CORRUPTION CASES
HOW TO CONTROL THE CORRUPTION FROM THE SYSTEM:-- The government of India has empowered the Citizens of country to follow RTI act publications as required for the transpancy in the administration and accountability as well as removal of corruption from the system of governance however it is still difficult to get it done even though press, media and the RTI activists are too working for the welfare of society and circle and taking cognizance of the cases where corruption has been done by the management agencies but it is regretted to point the vision honest work and conduct so required for the good governance and charter of public accountability in the interest of justice and fair play deal of cases for which the vigilance department and authorities are too responsible to protect the safety measures of the society and circle as such enquiry in such cases have to be conducted by the vigilance department and they may demand and recommend the transfer and the retirement of the such govt servants/officers . Virtually the govt is responsible to take cognizance of the vigilance cases and public may help the government agencies in this behalf to remove corruption from the system of governance however neither the government agencies are serious on the captioned subject matter deliberation noticed by the study of impact assessment realised by the public groups and organisations nor the department concerned are taking stern action against the defaulters is the reason that corruption has captured more and more field of adoption and becoming out of control due to negligence of the HOD basically declared responsible under law code manual to take cognizance in the such matters and enquire if found guilty for which the vigilance officers are posted in the Department
VIGILANCE DEPARTMENT MUST FORMULATE PROPOSAL OF TRANSFER AND COMPULSORY RETIREMENT TO SUCH POST INVOLVED IN THE CORRUPTION
DUTIES OF THE DEPARTMENTAL VIGILANCE OFFICERS:-- The vigilance officers of the department shall give necessary assistance to the HOD required for the preventive action by way of plugging loopholes for corruption in the various departmental rules and regulations and also to formulate proposals for retirement and transfer to a post of lessor responsibility against whom there is sufficient material to justify the belief that their integrity is doubtful in relation to the corrupt practices Ensuring that all Complaints are looked prompt and also to ensure the compliance to the government. Scrutiny of the property returns of the staff and officers.It should also be ensured that departmental enquiries and the vigilance cases are expeditiously completed and punishments are adequate. To maintain liaison with the anti - corruption unit in every field of study and requirements by the staff of the anti - corruption unit. Arranging surprise check/ raids with the help of the anti corruption unit in areas where corruption is suspected and also to take effective measures in rooting out the corruption from the field/cell where the corruption is increasing and required to be investigated under the law code manual of the provision made and created for the welfare of society and circle facing problems due to corruption in the administration
( RTI) IS AN IMPORTANT EXERCISE REQUIRED TO DEAL WITH THE EXPOSURE OF UNCONSTITUTIONAL ACTIVITIES.
RTI act publications are providing useful opportunity to the citizens of country to take stock of the efforts in making the government more transparent and accountable and expose corruption in the corridors of the power and ensure plugging wasteful expenditure of the public money.The role of the public information officer is important to deal with the provision made and created for the agenda of required information for which the RTI activists and the people of the state must increase awareness drive among the citizens to get involved in the pious activity of Social security and safety however our efforts are required more and more strengthning of the Group coordination and communication skills for which there is a need to make this association broad based by way of bringing the all Activists under one umbrella of the society and circle/ Organisation.It is necessary to protect the fundamental rights of the all people as facing the problems due to unusual practice of the corruption and lack of the social auditing .In accordance with the provision made and responsibility prefixed by the study of protocol mentioned in the RTI act publications both the state government and the SIC must share responsibility to motivate the new era entrants joining the RTI groups and the training and techniques required to promote the RTI should be made effective for which the SIC should be more proactive in popularising the use and exercise of RTI by way of holding seminars and familiarisation camps with the help of field agencies .
DURING PERSONAL HEARING QUERIES FROM THE GOVT SERVANT REQUIRED FOR CLARIFICATION OR ELABORATION ANY POINT MUST HAVE A WRITTEN BRIEF
The documents and the findings received under RTI act publications from the public authorities related to various confirmations authenticated by the public authorities may produced in evidence to the purpose to remove any objection to its admissibility and validity of the said documents and claim to privilege when justified for which the entire case will be submitted to the Secretary/ HODor officer concerned with detailed position as to the grievances of the government servant, grounds / justifications advanced by govt servant on any representation made by the government servant in consultation with the government instructions repercussions for consideration and the decision of the competent authority.The Secretary/HOD or officer concerned will study the case in detail , consult other departments , if need be,on priority basis and fix a date for giving a personal hearing to the government servant.After the personal hearing the Secretary/ HOD will decide the representation/ appeal and pass a self contained speaking order touching all the issues raised, pleadings and his final decision on the all issues .It is to be noted that a short order merely rejecting or accepting the representation/ Appeal should not be issued as such an order is liable to be challenged again in the Tribunal/ court of law.
REPLY OF SHOW CAUSE NOTICE SHOULD BE CONSIDERED BEFORE THE FINAL ORDER IS PASSED
SHOW CAUSE NOTICE AGAINST PROPOSED PENALTY IN CERTAIN CASES :-- In case the penalty proposed is dismissal, removal or reduction in rank , the government servant concerned shall be supplied with a copy of the report of the enquiry officer and he shall be called upon by written notice to show cause with in a reasonable time, not ordinarily exceeding one month, against the particular penalty proposed to be inflicted on him ;provided that if the disciplinary authority disagrees with any part or whole of the findings of the enquiry officer, the point or points of such disagreement together with a brief statement of the grounds there for, shall also be supplied to the Government servant . Any representation submitted by the the Government servant in reply to the show cause notice shall be taken in to consideration before final orders are passed.
SCIC or SICs SHOULD NOT BE CONNECTED WITH ANY POLITICAL PARTY AND OFFICE OF THE PROFIT OR INCORPORATED COMPANY
EXPLANATION:-- The general superintendence ,direction and the management of the affairs of the SIC shall vest in the SCIC who shall be assisted by the SICs and may exercise all such powers and do all such acts and things which may be exercised or done by the SIC autonomously without being subjected to directions by any other authoritiy under this Act .The SCIC and the SICs shall be persons of eminence in public life with wide knowledge and experience in law , science and technology,social service, management, journalism, mass media or Admininistration and the governance.The SCIC or the SIC shall not be a MP or the MLA or hold any other office of the profit or connected with any political party or carrying on any business or pursuing any profession. The SCIC or the SIC shall make an subscribe before the Governor an oath of affirmation according to the first schedule, and may at any time, by writing under his hand addressed to the governor, resign from his post /office provided that he may be removed from the manner specified under the law code manual prefixed by the government.The state government shall provide necessary officers and employees for efficient performance to the Commission as required for the function under law code manual of RTI act publications.Subject to the provisions of sub section (3) the SCIC and the SIC shall be removed from office only by order of the Governor on the ground of proved misbehavior or incapacity and reference made to the Governor has on enquiry reported that SCIC or SIC be ought on such ground and be removed.The Governor may suspend from office, and if found necessary prohibited also to attend the office during the enquiry,in respect of whom a reference has been made to the supreme court under sub section (1) untill the Governor has passed orders on receipt of the report of removal on such reference.In case of adjudged an insolvent, and if convicted by way of the offence, in the opinion of the Governor, involves moral turpitude, if unfit to continue the office in the opinion of the Governor by reason of conformity of mind or has acquired such financial or other interest as is likely to affect prejudicially the function of office / duty performed .The contract or agreement by way of the profit or benefits or emoluments arising there from an incorporated company he shall be deemed to be guilty for the purpose of misbehavior under sub section (3) for which the Governor may take required action of suspension against the SCIC or the SIC.
CADRE REVIEW BY CLASSIFICATION OF POSTS COMES UNDER THE MAJOR HEAD OF REORGANIZATION OF CADRE / POSTS SO CREATED
ORGANISATION AND ESTABLISHMENT:-- Organisations including the reorganization of the existing set up and classification,creation of posts and services comes under the Major Heads of the institutional review and revision for which time to time review and revision has been started by the DOPT and the department of Finance wef 1-1-1978 however continued from the previous requisitioning as found necessary under the provision made and created for the welfare of govt servant and the same could not be affect adverse against the class of any post already assigned under a specific or special order of the government These posts are defined on the basis of character of the posts ,ie Ministerial or non ministerial, Scientific/ Technical and the Industrial and the non Industrial.Administrative Departments are themselves competent to declare posts as scientific/ technical in consultation with Finance Department and the DOPT (In doubtful cases ) for which the latest review and re-examine of former cases issued by the study of protocol mentioned in the guidelines of the Finance Department vide number Fin (PR) B -(7) -59/10 dated 7-7-2014 and the DOPT number Per (AP-B) B-(11) -2/2004 -16 dated 3-12-14 has been released to the all HOD and the Administrative Secretaries for deciding formal cases of the classification of posts and services for which the final review and revision has been declared by the both Departmental authorities and if there is anything doubt ful further clarification may be obtained from the concerned authorities
ELECTED REPRESENTATIVES ARE RESPONSIBLE TO PREFIX THE GENERAL CHARTER OF DEMAND UNDER PUBLIC UTILITIES IN ADDITION TO THE RTI ACT ADJUDICATION
Charter of public accountability has not been mentioned and related to the RTI act adjudication but also made essential in the required need for speedy disposal of the public works and pertinent to the efficiency of the government employees.The purpose to follow procedure laid down under law code manual has been declared essential to avoid delays and to reduce the mere red- tapes in dealing with the needful .It must be realised that the Administrative delays are a source of discontent as the delay breeds corruption,and effective implementation of the work and duty found necessary under Administrative reforms time to time verified and monitored by the government. In Accordingly govt is responsible to fix the charter of public accountability in relation to every work and conduct of the demand under public utilities for which identification of delays and remedial action has been suggested by the study of protocol mentioned in the disposal of need for speedy disposal of work and improve efficiency in the work and conduct of the time limits related to the remarks for every concerned however it is a matter of fact and concern that the RTI act publications are also delayed in the present circumstances of the observation pointed out by the study of impact assessment realised by the RTI activists in this behalf than how could be the general charter of public accountability could be made successful corridor by the general public demanding free and fair justice from the system of governance being this fundamental right of the government and for which the elected representatives of the government are only responsible to protect the fundamental rights of the common man
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